JUDGMENT:

Questioning the conviction and sentence passed by the Special Judge for SPE & ACB Cases, Nellore (for short, 'the Court below'), in C.C.No. 13 of 2002, dated 22.3.2007, the Accused-Officer (for short, 'A.O.') preferred the present appeal.

2. The appellant was tried by the Court below under Sections 7 and 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 (for short, 'the Act'). After completion of trial, the Court below convicted the appellant-A.O. and sentenced him to suffer rigorous imprisonment for a period of six months and also to pay a fine of Rs.200/-, in default to suffer simple imprisonment for one month for the offence under Section 7 of the Act. He was also sentenced to suffer rigorous imprisonment for a period of one year and to pay fine of Rs.300/-, in default to suffer simple imprisonment for one month for the offence under Section 13 (1) (d) of the Act.

Both the substantive sentences were directed to run concurrently.

3. Brief facts enumerated from the evidence of prosecution witnesses is as follows :

The appellant (herein after referred as A.O) was working as Assistant Lineman in the office of Divisional Engineer, Andhra Pradesh Power Distribution Company Limited (APSPDCL) and in-Charge Assistant Lineman of Thoorpu Pundla Village, Sydapuram Mandal, Nellore District from 16.1.1998 to 30.3.2001, as such, he is a public servant. P.Ws.1 & 2 are residents of Thoorpu Pundla village. P.W.2 is sister-in-law of P.W.1. P.W.2 is having a thatched house at Thoorpu Pundla Village. On 25.6.2000 in a Grama Sabha held at Thoorpu Pundla Village, in Janmabhoomi programme, P.W.2 applied for electricity service connection to her house and she paid necessary charges under Ex.P2 receipt. On the same day, Service Connection No.567 was assigned to the house of P.W.2, but meter was not fixed. Subsequently, P.W.2 informed the same to P.W.1 and requested to approach AE’s Office at Sydapuram. On the request of P.W.2, P.W.1 approached appellant-A.O. on 26.3.2001 and requested him to fix Electrical meter to the house of P.W.2. Then, A.O demanded P.W.1 an amount of Rs.500/- as bribe for fixing meter to the house of P.W.2. P.W.1 also informed that P.W.2 has already paid necessary charges and there is no need to pay any further amount. But, A.O refused the request of P.W.1 and demanded to pay bribe amount.

Again on 28.3.2001, A.O. demanded P.W.1 to pay the bribe amount for fixing the meter. Having no other go, P.W.1 accepted for the same.

4. As P.W.1 was not willing to pay the bribe amount to A.O, on 27.3.2001 at about 8.30 am., he went to the office of P.W.6- K.Thimmappa, the then Dy.S.P., ACB, Nellore and presented Ex.P1 report against A.O. Then, P.W.6 went to Sydapuram and made confidential enquiry against both the A.O and P.W.1. After completion of his enquiry, he registered a case in Cr.No.8/ACB- NLR/2001 and submitted original FIR to the Court, which is marked as Ex.P14. On 28.3.2001 P.W.6 prepared Ex.P6-pre-trap proceedings under the cover of panchanama in the presence of P.W.3 and another. During the course of pre-trap proceedings, P.W.6 collected Rs.100/- notes five in number brought by P.W.1 and applied Phenolphthalein powder and Sodium Carbonate solution. M.O.1 is the sample of Sodium Carbonate powder and M.O.2 is the sample of Phenolphthalein powder. The tainted currency notes were kept in the left upper pocket of P.W.1. He cautioned P.W.1 not to touch the tainted currency notes and instructed P.W.1 to pay them to A.O., only on his demand. He also instructed P.W.1 to give a pre-arranged signal, if A.O., accept the said tainted currency. Thereafter, at about 9.00 am., the trap laying party went to Thoorpu Pundla Village outskirts and waiting for the signal of P.W.1. At about 11.40 am., P.W.1 returned to P.W.6 and informed that A.O was at Sydapuram village. Thereafter, at about 12.00 noon, the trap laying party along with P.W.1 went to Sydapuram village, where A.O was present. P.W.1 went to A.O and on seek